1. Legal Department 2015/14807 E. , 2018/12630 K.
“Text Of Jurisprudence”
COURT OF FIRST INSTANCE: COURT OF FIRST INSTANCE
TYPE OF CASE : BLUNDER-CANCELLATION OF TITLE DEED-REGISTRATION
At the end of the case of decency, cancellation of the title deed and registration between the parties, the decision made by the local court on the rejection of the case was appealed by the deputy plaintiff within the legal period, but the file was examined, the report of the Examining Judge … was read, the explanations were listened to, and the necessary was discussed and considered;
-DECISION-
The case is under Article 588 of the Turkish Civil Code No. 4721. according to the article, the fault is related to the cancellation of the title deed and … requests for registration in its name.
The plaintiff, … is a dead person who is a stakeholder with 4266/27600 shares in the immovable property numbered 2384 parcels by Decision No. 2004/547 of the Magistrate’s Court, 2004/1018 Decision No. 2266/27600 according to the article of the dead … son of the vicissitudes of Islamic heirs and your share in the real estate subject to litigation
The defendant did not bring a defense.
The court decided to dismiss the case due to the absence of a case requirement on the grounds that the case was filed before the expiration of the ten-year official management period provided for in Article 588/1 of the TMK.
From the contents of the file and the evidence collected, the 4266/27600 share in the real estate No. 2384 parcel subject to the lawsuit is registered in the name of his son Islam,
As is known, Article 1 of the Law No. 3561 on the Appointment of Registration of Property Officers. in the article “the purpose of this law, a person can be found not known where he was for a long time or seated on assets to ensure the protection of its interests; the highest cost the officer as trustee of the appointment, powers, devolution of powers, kayyimlik the management of goods and expenses, fees to be paid to trustees and staff and to regulate the procedures and principles in relation to other matters,” is of the same law Article 2. the articles “article 427 of the Turkish Civil Code No. 4721, dated 22/11/2001, according to a person not known or can be found or where he was seated for a long time and that the inheritance is not obvious whether it is right when it is opened that can’t be proved for the purpose of managing the share of the heir to officially appoint custodian is required in cases where the guardianship authority; such persons the rights and property interest of the Treasury on whether you have the highest cost from the clerk’s office investigates. If it is understood that the rights and interests of the treasury are in question, my management appoints the largest property officer of the district.” its provision is stipulated. 431 of the Turkish Civil Code No. 4721. the rules on the procedure for appointing a guardian in accordance with the article also apply to the appointment of a trustee. 382/b-19 of the Code of Civil Procedure No. 6100. article 385 states that guardianship is a non-contentious judicial job. in accordance with Article 388, simple trial procedure should be applied to the extent that it falls within its nature. in cases where there is no provision to the contrary in the article of the law, it has been arranged that non-contentious judicial decisions will not constitute a final provision in a material sense.
As for the concrete case, it is not correct to conclude that the decision on the appointment of the trustee is a non-contentious judicial matter and that the period of administration with my trust will not begin because the decision has not been finalized in the face of the regulation that non-contentious judicial decisions will not constitute a material final provision.
As such, while a decision should be made according to the result of examining the merits of the work, it is inappropriate to establish a provision in writing.
With the acceptance of appeals filed at the plaintiff’s place, the provision (temporary 3 of Law No. 6100.article 428 of HUMK No. 1086 (by sending).its DETERIORATION in accordance with the article was decided unanimously on 20.09.2018.
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